| |
EBOOKOMATIC
AFFILIATE AGREEMENT
This
agreement describes the entire terms and conditions for participation
in the Schneiderman & Associates, LLC Affiliate Program.
In this agreement, the term "Affiliate" refers to you (the
applicant). Wherever the agreement refers to "you" or
"your", it means "the Affiliate"; "we"
or "our" refers to Schneiderman & Associates, LLC
Affiliate Site
ClickBank will create a unique URL for you when you submit a complete
Affiliate Enrollment Form.
Commissions
You will receive 35%% of the revenue as a commission from orders
placed through your Affiliate Site (unless noted otherwise for a
particular product) less the charges outlined by ClickBank in their
agreement http://www.clickbank.com/paychecks.html . For a sale to
generate a commission to an Affiliate, the customer must complete the
order form and remit full payment for the product ordered. Commissions
will only be paid on sales that are made through qualified Affiliate
links.
Payment
ClickBank will send a check for the applicable commissions within the
framework of their policies http://www.clickbank.com/paychecks.html .
If any order that generated a referral fee is returned by the
customer, or if there are any returned checks or charge backs, the
amount will be deducted by ClickBank from the next payment due
affiliate.
Order Fulfillment
Schneiderman & Associates, LLC will be solely responsible for
processing every order placed by a customer on the Affiliate Site. You
are not authorized to sell any of these products from your site as a
"reseller" and no "resale" rights are granted in
ANY way on these products unless otherwise noted.
Customers
Customers who purchase products and services through the Affiliate
Program will be deemed to be customers of Schneiderman &
Associates, LLC. Accordingly, all rules, policies, and operating
procedures concerning customer orders and service will apply to those
customers. We may change our policies and operating procedures at any
time. Prices and availability of our products and services may vary
from time to time. Schneiderman & Associates, LLC policies will
always determine the price paid by the customer.
Qualification for Commissions
Affiliates must have an active link from their website to their
Affiliate link in order to qualify for commissions.
Qualifying Sites
Schneiderman & Associates, LLC reserves the right not to accept
any site into the Affiliate Program based on site content. Sites that
Do Not Qualify for the Affiliate Program include sites which:
· Promote sexually explicit materials
· Promote violence
· Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
· Promote illegal activities
· Violate intellectual property rights
Unsolicited Commercial Email or SPAM
Schneiderman & Associates, LLC in no way participates in mass
unsolicited emailing (i.e. spamming), and all Affiliates are expected
to adhere to this policy as well. Violation of this policy will result
in the termination of this contract and immediate dismissal from the
Schneiderman & Associates, LLC Affiliate Program, with no refund.
Bottom line: If you spam you’re out!
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You
will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site
or otherwise, that reasonably would contradict this statement.
Term and Termination
The term of this Agreement will begin when you accept and will end
when terminated by either party. Either Schneiderman & Associates,
LLC or you may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination. Upon
the termination of this Agreement for any reason, all licenses granted
hereunder shall immediately terminate and you will immediately cease
use of, and remove from Affiliate's Web Site, all links to the
Schneiderman & Associates, LLC Site, and all Schneiderman &
Associates, LLC trademarks and logos, other Schneiderman &
Associates, LLC Marks and all other materials provided in connection
with this Agreement.
We may reject your application or terminate you if we determine (in
our sole discretion) that your site is unsuitable for the Program for
any reason, including, harmful, threatening, defamatory, obscene,
sexually explicit harassing, or racially, ethically, or otherwise
objectionable, such as sites that:
· Promote sexually explicit materials;
· Promote violence;
· Promote discrimination based on sex, religion, nationality,
disability, sexual orientation, or age;
· Promote illegal activities; or
· Infringe or otherwise violate any copyright, trademark, or other
intellectual property rights.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with
this Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total commissions paid or payable to you under to this Agreement.
Disclaimers
We make no express or implied warranties or representations with
respect to the Affiliate Program or your potential to earn income from
the Affiliate Program. In addition, we make no representation that the
operation of our site or the Affiliate links will be uninterrupted or
error-free, and we will not be liable for the consequences of any
interruptions or errors.
Disputes
If a dispute arises under this agreement, we agree to first try to
resolve it with the help of a mutually agreed-upon mediator in the
following location: Oklahoma. Any costs and fees other than attorney
fees associated with the mediation will be shared equally by each of
us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding
arbitration at the following location: Oklahoma, under the rules of
the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so. Mediation will be shared equally by each of us.
Assignment
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns.
Miscellaneous
Our failure to enforce your strict performance of any provision of
this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this
Agreement.
If any of the provisions of this Agreement are determined by a court
to be unenforceable, they shall be severed from this Agreement, and
the remaining provisions shall remain in full force and effect.
By signing up with ClickBank, you acknowledge that you have read this
agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement.
|
|